Agenda item

The licensing officer reported that additional papers had been circulated by the applicant.  These would be interleaved with the agenda papers.

A local resident spoke against the application.  She had concerns regarding the off sales proposal.  It was proposed that space had been made available for ten people to consume alcohol without a meal and she requested that alcohol was served with a main or substantial meal throughout the premises.  She raised concerns regarding outside seating as this was a very busy part of Upper Street for pedestrians and cyclists. She stated that there should be no tables outside, no off sales and a full on licence that was qualified to include meals and the whole of the ground floor.

The applicants representative reported that the application was within the framework hours in licensing policy 8.  Conditions had been agreed with the police and noise officer following consultation. The police had been in agreement with condition 2, which allowed for 10 persons on the ground floor to have alcohol with no food. A letter had been sent to residents but no response had been received.  Off sales were tightly restricted and external seating would be controlled with an application to the highways department. He considered that the application, with conditions in place, would not add to the cumulative impact and the responsible authorities had agreed with this. The premises had a capacity of less than 50 people, was food led and the hours sought were within the framework policy hours in licensing policy 8.  It was hoped that the restaurant would be a popular addition to the area.

In response to questions it was noted that the promotion of the licensing objectives in the application form were reflected in the schedule of conditions.  There were 40 covers and 10 people in the bar area.  The first floor was laid out as a restaurant. Off sales were required for wine sold with a take away meal and for service to the tables and chairs area.  It was considered that the application fell within the exceptions to the policy however, if there was a need for compromise, condition 2 could be amended.

RESOLVED that

a)  the application for a new premises licence in respect of Oldroyd, 344 Upper Street, N1 be granted:-

i)       To permit the premises to sell alcohol, on and off sales from Sunday to Thursday from 10 am until 11pm and on Fridays and Saturdays from 10 am until midnight.

ii)      To allow the provision of late night refreshment on Fridays and Saturdays from 11pm to midnight.

iii)    Proposed opening hours to be: Sundays to Thursdays from 10am until 11.30 pm and Fridays and Saturdays form 10 am until half past midnight.

b)   conditions as outlined in appendix 3 as detailed on page 68 of the agenda with the following amendment shall be applied to the licence.

Condition 2 to read. The supply of alcohol at the premises shall only be to persons taking a table meal or have booked a table meal and are drinking prior to their meal on the ground floor. The ground floor customers shall be limited to 10 persons waiting to eat and consumption of alcohol by customers shall be ancillary to their meal.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Sub-Committee took into consideration Licensing Policy 2.  The premises fall under the Angel and Upper Street cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

The interested parties reported that they objected to the application on the grounds of cumulative impact.  They had particular concerns regarding the application seeking off sales of alcohol and the number of customers on the ground floor that would be allowed to consume alcohol without a meal. They requested that alcohol be served with a main or substantial meal throughout the premises. They also considered that a tables and chairs licence should not be granted as this would obstruct the pavement.

The applicant stated that this premises was a restaurant with capacity of less than 50 persons and within the licensing policy framework hours.  Off sales would be tightly restricted to the table and chairs area and only sealed wine with a take away meal. He applicant had consulted with the police and the noise team and agreed the conditions proposed in the agenda. The applicant had responded to the interested parties and invited them to meet to address their concerns but they had not responded. The concerns raised about the external seating area was controlled by separate legislation and was a matter for the highways department.

The Sub-Committee noted that there were no objections from the responsible authorities. 

The Sub-Committee considered that the premises were within the exceptions to the cumulative impact policy detailed in licensing policy 2.  This was a small premises with a capacity of 50 or less, the operating hours were within the hours specified in licensing policy 8 and the premises were not alcohol led. The Sub-Committee was satisfied that, with the conditions proposed and with the amendment to the proposed condition 2, the operation of the premises would not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.